Does MK v CK mark a new start for child relocation, asks Jonathan Herring
A couple separate. The children live with the mother and have contact with the father. The mother applies to the court for leave to move with the children to Canada. What should be done?
Cases of this kind have become increasingly common given rising rates of international travel and migration. Since 1991, the law in this area has been dominated by the decision of the Court of Appeal in the infamous decision in Payne v Payne [2001] EWCA Civ 166, [2001] All ER (D) 142 (Feb). It held, uncontroversially, that the welfare of the children was the court’s paramount consideration in deciding such applications. However, the court went on to issue guidance in applying the welfare principle in these cases. Where the proposed relocation of the resident parent (normally the mother) was reasonable then the court would normally grant leave to relocate. The proposal would be regarded as reasonable where there was a good reason for it (eg the mother was returning to her country of origin) and it was not
